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[27 May 2016 | Comments Off on Day 3: First Nation call for more studies of Burl’s Creek surfaces at OMB hearing | ]

On the third day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds arguments surrounding archaeological issues and First Nation concerns continued.
The letters from the Huron-Wendat and the Ministry of Tourism, Culture and Sport were brought up again Thursday morning, as Paul Racher, the expert archaeologist for the Montagnais Métis First Nation, testified in front of the board.
During cross-examination, Save Oro and West Oro Ratepayers’ Association lawyer David Donnelly led Racher through the letters, asking his professional opinion on their contents.
“The potential for disturbance is a …

Environmental Law, Featured, First Nations Law, Land Use Planning Law, News, Publications »

[26 May 2016 | Comments Off on Land use, First Nation concerns on display during Day 2 of Burl’s Creek OMB hearing | ]

On the second day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds archaeological issues and First Nations concerns were explored by Chief Keith Doxsee representing the Montagnais Metis First Nation, and David Donnelly, counsel for SaveOro and West Oro Ratepayers’ Association (“WORA”).
Under cross-examination, Jamie Lemon, who prepared a Stage 1 archeological assessment for Burl’s Creek, said both the Huron-Wendat Nation and Ministry of Tourism, Sport and Culture wrote in separate letters dated May 19 saying the temporary zoning by-law should not go forward until after …

Environmental Law, Featured, Land Use Planning Law, News, Publications, Uncategorized »

[25 May 2016 | Comments Off on Lengthy opening day at Burl’s Creek OMB climaxes with tense cross examination | ]

On Tuesday May 24, 2016 the Ontario Municipal Board (“OMB”) hearing on the temporary use by-law application for Burl’s Creek Event Grounds begun.
The hearing began with Burl’s Creek calling Mr. Henry Regelink, an Oro-Medonte farmer, Sgt. Guiseppe Pileggi, an OPP Officer summonsed by Burl’s Creek, a brief introduction by Mr. Darren Vella, a land-use planner for Burl’s Creek, and Mr. Peter Thoma, a land economist and market expert.
Most notably, Mr. Thoma had told the board it was not reasonable to put the Wayhome and Boots & Hearts festivals anywhere else …

Featured, Uncategorized »

[2 May 2016 | Comments Off on The Fight to Protect Agricultural Land in Oro-Medonte Continues | ]

On April 29, 2016, Donnelly Law represented WORA and SaveOro at the third prehearing conference for the Burl’s Creek Event Grounds Inc. et al. temporary use by-law application.  Donnelly Law brought a motion requesting a prohibition order, amendments to the procedural order on the basis of procedural fairness, and the recusal of the Board Member.  The Orillia Packet & Times reported on the prehearing.
 
Read the news coverage here.

Environmental Law, Featured, Land Use Planning Law, News, Publications »

[17 Mar 2016 | Comments Off on Private Prosecution of Republic Live Continues | ]

Donnelly Law represents a private informant in a private prosecution, now against Republic Live Inc. only, for charges related to the WayHome Music and Arts Festival and Boots and Hearts Music Festival.  We appeared in court on Monday, March 14, 2016.  Read the Orillia Packet and Times article here.
The next scheduled court appearance is April 11, 2016.

Environmental Law, Featured, News »

[15 Feb 2016 | Comments Off on Donnelly Law Begins Private Prosecution of Burls’ Creek and Republic Live | ]

 
Four charges have been laid against  each Burl’s Creek Event Grounds Inc., Republic Live Inc. and related companies alleging illegal use of Agricultural/Rural lands for the 2015 WayHome and Boots & Hearts Festivals.  David Donnelly is acting as the prosecutor on behalf of a private informant, a Director of SaveOro.
February 10, 2016 was the first appearance for the companies charged.  Read the Orillia Packet article here.
We will be back in court in mid-March 2016.

Environmental Law, Featured, Greenbelt, Land Use Planning Law »

[30 Jan 2016 | Comments Off on David Donnelly Speaks at Simcoe County Greenbelt Townhall | ]

David Donnelly was invited to speak at a meeting sponsored by the Simcoe County Greenbelt Coalition and AWARE Simcoe, along with Barrie Mayor Jeff Lehman, Liberal Barrie MPP Ann Hoggarth, Conservative MPs John Brassard (Barrie-Innisfil) and Alex Nuttall (Barrie-Springwater-Oro-Medonte), and Oakville Mayor Rob Burton.
Lawyer David Donnelly noted that, according to land economists at the provincial Ministry of Municipal and Housing, Ontario has designated enough land to accommodate its projected employment and residential needs until 2041.
“There is no danger of running out of developable land,” Donnelly said. So the logical conclusion …

Environmental Law, Featured, Land Use Planning Law »

[15 Jul 2015 | Comments Off on Donnelly Law Client: SaveOro and West Oro Ratepayers’ Association | ]

On Tuesday, July 14, Oro-Medonte Council denied Burl’s Creek Event Grounds’ special event permit application to allow camping and parking on mostly prime agricultural land.  Council did, however, issue a special event permit for the 92-acre concert site.
David attended a rally against the special event, organized by SaveOro, reminding residents the proposed special events on prime agricultural land are illegal.
Read more here:
http://www.orilliapacket.com/2015/07/14/large-festivals-will-have-to-be-restricted-to-92-acres

Environmental Law, Featured, Greenbelt, Land Use Planning Law »

[26 May 2015 | Comments Off on Donnelly Law Client Featured in Radio Canada Story | ]

Donnelly Law represents Ms Gillian Evans and Mr. David Toyne, residents of Upper Cold Creek in Vaughan, Ontario.  On May 22, 2015, Radio Canada covered Ms Evans and Mr. Toyne’s appeal to the Ontario Municipal Board, where they are seeking an appropriate buffer to protect the ongoing operation of their multi-generation family farm from residential development adjacent to the farm.
Read about it and watch the video here.
 
 
 
 

Environmental Law, Featured, Law & Policy Reform, News »

[28 Mar 2015 | Comments Off on David Donnelly on Anti-SLAPP Bill 52 Controversy | ]

Bill 52, the Protection of Public Participation Act, was debated at Queen’s Park again this week. Bill 52 is designed to prevent SLAPP suits (Strategic Litigation Against Public Participation), where deep-pocketed corporations bring frivolous lawsuits against grassroots critics (often citizen’s groups and environmental groups) in order to intimidate and silence them.
MPP Jagmeet Singh (Bramalea-Gore-Malton) began the debate, commenting:
“It’s my pleasure to continue debate on this important piece of legislation. What I discussed earlier was how important this bill was in terms of protecting public participation. It’s, again, a hallmark of …